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Cake day: August 9th, 2023

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  • The smarter people seem to be saying it’s a mixed bag. She could have dragged the case out for more months, maybe even years. Or she could have seated a jury and done a different kind of dismissal thing that isn’t appealable.

    This path let’s Jack Smith appeal to the 11th circuit (I think) immediately and they’re the ones who rebutted her pretty soundly the last time she ruled on a Trump case. We can probably expect a reasonable ruling from them.

    However, here’s the rub. After 11th circuit or whatever has their say Trump can appeal to the Supreme Court. In their recent Presidential Immunity ruling there was a long response by Clarence Thomas that included a section questioning the legality of Jack Smith’s appointment. Which is the same reasoning Cannon gives in her ruling. It’s pretty clear that Thomas was signalling that he would rule in favor of Trump for that same reason if/when an appeal got to him.

    It’s not clear whether the rest of the conservatives on the court agree with Thomas but it all suggests this will go to the Supreme Court and at least one member has already signalled how they would rule. For the time being, Trump continues to prove that he is, in fact, above the law.